Monaphathi v Sehloho (CIV/T 503 of 88) [1990] LSCA 27 (2 February 1990)

Monaphathi v Sehloho (CIV/T 503 of 88) [1990] LSCA 27 (2 February 1990)

The plaintiff established a prima facie case that he completed the contracted work and is entitled to payment. The defendant failed to provide evidence to rebut this, and his allegations were unsupported. Judgment is granted for the plaintiff as prayed.

Citation
[1990] LSCA 27
Parties
Plaintiff: Lebohang Monaphathi; Defendant: Fred Se hloho
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 February 1990
Case Number
CIV/T 503 of 88
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Oral Contract, Building Contract, Payment for Work Done, Breach of Contract, Evidence
Source Language
English
Contract Law Oral Contract Building Contract Payment for Work Done Breach of Contract Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lebohang Monaphathi

Plaintiff

Fred Se hloho

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff completed the work as agreed under the oral contract
  2. 2 Whether the defendant is liable to pay the claimed amount for work done
  3. 3 Whether the defendant's allegations of theft and incomplete work are substantiated

Ratio Decidendi

The plaintiff established a prima facie case that he completed the contracted work and is entitled to payment. The defendant failed to provide evidence to rebut this, and his allegations were unsupported. Judgment is granted for the plaintiff as prayed.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded M3,000-00 plus interest at 11%
  • Defendant to pay costs